Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
Welcome to this DONEdiet.org (DONEdiet.com or DONEdiet.net) website (“Site”). This Site is owned and operated by Dietitians of New England, LLC. These Terms of Use (“TOU”) govern your access to and use of this Site. By using this Site, you are agreeing to comply with and be bound by the following terms. Please review the following terms carefully. Your use of this Site means that you have read and understood these TOU and that you accept and agree to be bound by all of the terms and conditions contained herein. If you do not agree to these TOU, you should not use this site. The term “DONEdiet.org” or “DONEdiet.com” or “DONEdiet.net” or “us” or “we” or “our” refers to Dietitians of New England, LLC., the owner of the Site. The term “you” refers to the user or viewer of the Site. You agree to the terms and conditions outlined in these TOU with respect to the Site. These TOU constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by DONEdiet.org through the Site (“Services”), and the subject matter of these TOU. These TOU may be amended at any time by us without specific notice to you. The latest TOU will be posted on the Site, and you should review these TOU prior to using the Site. By use of the Site after we post any change to these TOU, you agree to accept those changes, whether or not you have reviewed them. By using the Site, you agree to be legally bound by these TOU as if you had signed them. Failure to comply at any time may result in the termination of your password, user account, and access to this Site, if applicable. We reserve the right to discontinue, modify, or alter any aspect of this Site without prior notice or liability, including, but not limited to: (a) restricting Site availability, (b) restricting user access, and (c) restricting or terminating any user’s right to use the Site.
Material contained on the DONEdiet.org Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the DONEdiet.org Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. DONEdiet.org does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by DONEdiet.org, DONEdiet employees, others appearing on the Site at the invitation of DONEdiet.org, or other visitors to the Site is solely at your own risk.
1. Privacy Policy
Our Privacy Policy contained on this Site, as it may change from time to time, is incorporated into these TOU by reference. You must review our Privacy Policy. In the event of a conflict between these TOU and the Privacy Policy, the terms of these TOU shall control.
2. Copyright
DONEdiet.org authorizes you to view or download a single copy of the material on the DONEdiet.org Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2010, Dietitians of New England, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.
3. Service Marks
Dietitians of New England, LLC, " DONEdiet.org ", “DONEdiet.com”, “DONEdiet.net”, and others are our service marks or registered service marks or trademarks (“Marks”). Other product and company names mentioned on the Site may be Marks of their respective owners. DONEdiet.org grants you no license, permission or authorization to reproduce or use any Marks whether owned by DONEdiet.org or a third party. You agree not to display, copy, redistribute or use any marks in any manner for any reason without Dietitians of New England, LLC’s prior express written consent.
4. License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with these TOU; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other proprietary notices contained therein. All rights not expressly granted by DONEdiet.org to you are retained by us, and you may not use this Site and/or any element of this Site in any manner or for any purpose inconsistent with this Section 4. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any Content and Materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (ii) unsolicited commercial email; (iii) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (iv) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness.
THE DOCUMENTS MAY BE INAPPROPRIATE FOR YOUR PARTICULAR CIRCUMSTANCES. THE DOCUMENTS ARE ONLY SAMPLES AND MAY NOT BE APPLICABLE TO A PARTICULAR SITUATION. SOME DOCUMENTS ARE PUBLIC DOMAIN FORMS OR AVAILABLE FROM PUBLIC RECORDS. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
1. Linking to the Site
You may provide links to the homepage of the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DONEdiet.org in its sole discretion and (c) you discontinue providing links to the Site immediately upon request by us.
7. Registration
Certain sections of, or offerings from, the Site may require you to register and some areas of the Site may be accessed and used only by those individuals who are registered. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. Should DONEdiet.org suspect that such information is untrue, inaccurate, not current or incomplete, DONEdiet.org has the right to suspend or terminate your usage of the Site. DONEdiet.org is entitled to rely on the information you provide and you will be responsible for updating this information to maintain it as current. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. Children under the age of 18 are not permitted to use this Site without parental guidance. IT IS RECOMMENDED THAT YOU CONSULT YOUR PHYSICIAN BEFORE BEGINNING ANY WEIGHT LOSS OR EXERCISE REGIMEN.
8. Third-Party Content
Please exercise discretion while browsing the Internet using the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond DONEdiet.org ’s control. There may be links to other sites from these pages that take you outside of Dietitians of New England, LLC’s Site. This includes links from advertisers and sponsors that may use Dietitians of New England, LLC’s logo(s) as part of a co-branding agreement. These other sites may send their own cookies to Dietitians of New England, LLC’s users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that Dietitians of New England, LLC does not control. Dietitians of New England, LLC reserves the right to disable links from third party sites to the Site at any time in its sole discretion.
Dietitians of New England, LLC explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. Dietitians of New England, LLC has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Dietitians of New England, LLC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Dietitians of New England, LLC with respect to such sites and third party content. Dietitians of New England, LLC strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
9. Third-Party Services
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
YOU AGREE THAT USE OF OR PURCHASE FROM SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
10. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
11. Unlawful Activity
We reserve the right to investigate any complaints or reported violations of these TOU and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
12. Indemnification
We reserve the right to investigate any complaints or reported violations of these TOU and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
13. Nontransferable License
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. As a registered user of this Site, it is your responsibility for maintaining confidentiality of your password and account information. Immediate notification is required in the event of any unauthorized use of your account or password, or any other breach of security. You are responsible for all activities that occur in your account.
14. Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 16(B). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TOU. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. WE MAY MAKE CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE SITE AT ANY TIME. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO EDIT OR DELETE ANY DOCUMENTS, INFORMATION OR OTHER CONTENT APPEARING ON THE SITE.
THIS SITE PROVIDES WEIGHT LOSS INFORMATION AND IS SOLELY INTENDED TO ASSIST USERS IN THEIR WEIGHT MANAGEMENT GOALS. DONEdiet.org IS NOT A MEDICAL ORGANIZATION AND OUR STAFF DOES NOT OFFER MEDICAL ADVICE AND CANNOT MAKE MEDICAL DIAGNOSES. THE INFORMATION GENERATED BY THIS SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. THE WEIGHT LOSS RECOMMENDATIONS PROVIDED BY THIS SITE ARE FOR USE BY HEALTHY ADULTS. THE RECOMMENDATIONS ARE NOT INTENDED TO APPLY TO INDIVIDUALS WITH HEALTH CONDITIONS.
15. Limitation of Liability
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, WE AND ANY AFFILIATED PARTY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED [$50 for individuals]AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
16. Use of Information
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, WE AND ANY AFFILIATED PARTY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED [$50 for individuals] AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
17. Community Conduct Guidelines
All postings that are posted on this Site are the responsibility of the person who is registered as the user for the account from which it was posted. We do not control the postings by our members in the community section of the Site. We do not guarantee the accuracy or integrity of the information posted by our members. We ask that our members follow our community conduct guidelines, but we are not responsible for postings that may be found offensive or inappropriate. We are not liable for postings submitted by our members, including, but not limited to, errors, omissions, or any loss or damage incurred resulting from postings submitted by our members. This Site is not to be used for any of the following purposes: (a) Posting information or images that are illegal, offensive, inappropriate, or objectionable per our discretion; (b) Posting information that is misleading or harmful; (c) Displaying identifiers to conceal the origin of any posting; (d) Posting unsolicited or unauthorized advertising or promotional materials; (e) Posting materials that contain software viruses or any other coding, files, or programming that is intended to interfere with any computer hardware or software; (f) Interrupting the flow of dialogue in a manner that interferes with members’ ability to communicate with other members; (g) Interfering with this Site or any servers or networks affiliated with this Site; (h) Violating any local, state, national, or international laws; (i) Attempting to collect personal data about other Site members or stalking or harassing other members or employees of this Site. The privilege of posting on this Site is dependent upon your compliance with the guidelines outlined above. Failure to do so may result in the termination of your privilege to use all or any portions of this Site at our discretion. All postings are public communications and we reserve the right to monitor all, some, or none of the postings for compliance with our guidelines. We reserve the right to remove, without notice, any posting that is not in compliance with our guidelines per our discretion. We have no obligation to remove any postings that may be found offensive or inappropriate per our discretion.
18. Payments
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
19. Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following Dietitians of New England, LLC Designated Agent:
To be effective, the notification must be a written communication that includes the following:
i. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dietitians of New England, LLC may give notice to Dietitians of New England, LLC’s users by means of a general notice on this Site, electronic mail to a user's e-mail address on Dietitians of New England, LLC’s records, or by written communication sent by first-class mail to a user's address on Dietitians of New England, LLC’s records.
20. Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
21. Cancellation and Refund Policy
You may cancel your monthly subscription to the Diet Manager anytime at the "My Account" page. Once you cancel your premium membership, you can use the program until the end of paid period. Please be sure to cancel your automatic payment option at the PayPal account to make sure you won't be charged again.
22. Miscellaneous
The relationship between you and Dietitians of New England, LLC is that of independent contractor. No joint venture, partnership, employment, or agency relationship exists between you and Dietitians of New England, LLC as a result of these TOU or your access to the Site. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.
Dietitians of New England, LLC shall not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet access, or any other cause which is beyond the reasonable control of Dietitians of New England, LLC, whether or not similar to the foregoing.
Neither the rights nor the obligations arising under these TOU are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. Dietitians of New England, LLC may assign these TOU without restriction.
If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect.
These TOU shall be treated as though it were executed and performed in the State of Michigan, and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Any legal controversy or legal claim arising out of or relating to these TOU or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be decided solely in the courts of the State of Michigan. Any such controversy or claim shall be handled on an individual basis, and shall not be consolidated with any claim or controversy of any other party. Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15 and Section 16.
Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of these TOU.
These TOU are the entire agreement between the parties pertaining to its respective subject matter, and all written or oral agreements, representations, warranties or covenants, if any, previously existing between the parties with respect to such subject matter are canceled. The statements made by Dietitians of New England, LLC on any of the Site or otherwise than in an express provision of these TOU are not representations or warranties and do not create contractual obligations.
The language in these TOU shall be interpreted as to its fair meaning and not strictly for or against any party. These TOU and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.
The failure of Dietitians of New England, LLC to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dietitians of New England, LLC in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these TOU.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these TOU, these TOU shall take precedence. Our failure to enforce any provision of these TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Unless otherwise expressly stated in these TOU, all remedies available under or with respect to these TOU (including any right to terminate these TOU granted in these TOU) are cumulative and in addition to all other remedies, if any, available at law or in equity. The exercise of any right to terminate these TOU or suspend access or service granted a party in these TOU shall not result in a breach of these TOU by such party, and neither the exercise of such right nor any consequence thereof shall give rise to or be the basis for any claim by or liability to the other party, whether in contract, tort or otherwise, even if the terminating party was informed or aware of, or otherwise could have anticipated the possibility of, such consequence.